RES 05-094
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RESOLUTION NO. 05-1-4
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
NORTHSTAR BUSINESS PARK
Case No. P 05-12
WHEREAS, application has been made for final plat approval, pursuant to Section
1008.08 (l)(c) of the Elk River City Code of Ordinances, of the property legally described on
attached Exhibit A and hereinafter referred to as "the Property"; and
WHEREAS, the application for preliminary plat approval has been referred to the
Planning Commission which has given its advice and recommendation to the City Council;
and
WHEREAS, a preliminary plat of the Property was approved by the City Council on
August 1, 2005; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as
approved by the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions set forth
by the City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELK RIVER, as follows:
1. I t is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with the Zoning Ordinance and
conforms with all of its requirements.
B. The proposed subdivision is consistent with all applicable general and
specialized city, county, and regional plans including, but not limited to, the City's
Comprehensive Development Plan.
C. The physical characteristics of the site, including, but not limited to,
topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to
flooding, and drainage are suitable for the type and density of development and uses
contemplated.
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D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services, facilities and
improvements otherwise required herein.
E. The proposed subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
3. The officers of the City are hereby authorized, once the conditions set forth in
Exhibit B are met and complied with, to sign the final plat for the Property and to
issue a certified copy of this Resolution giving final approval of the plat.
4. The owner of the Property is authorized to record the final plat as required by law
and shall file proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
5.
This final plat approval shall expire one year from the date of this resolution if the
final plat is not recorded within that time.
The foregoing resolution was introduced by Council Member Gumphrey and
duly seconded by Council Member Motin . The following voted in favor
of the Resolution.
Mayor Klinzing, Councilmembers Dietz, Motin, Farber, and
The following voted against the Resolution: Gumphrey
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 15th day of August, 2005.
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EXHIBIT A
Legal Description:
That part of the Southwest Quarter of Section 2, Township 32, Range 26, Sherburne
County, Minnesota, which lies Northeasterly of the Burlington Northern Railroad.
And which also lies Westerly, Southwesterly and Southerly of the following described line:
Commencing at said Northeast comer of the Southwest Quarter; thence North 89 degrees
38 minutes 23 seconds West, along said North line of the Southwest Quarter, a distance of
471.149 meters (1,545.76 feet); thence South 05 degrees 14 minutes 36 seconds East, a
distance of97.886 meters (321.15 feet) to the point of beginning of said line to be
hereinafter described; thence South 19 degrees 59 minutes 39 seconds East, a distance of
86.721 meters (284.52 feet); thence South 28 degrees 56 minutes 21 seconds East, a distance
of 70.623 meters (231.70 feet); thence South 20 degrees 10 minutes 07 seconds East, a
distance of 52.016 meters (170.66 feet); thence South.13 degrees 24 minutes 23 seconds
East, a distance of 78.975 meters (259.10 feet); thence South 27 degrees 57 minutes 47
seconds East, a distance of 116.213 meters (391.28 feet); thence South 39 degrees 58
minutes 33 seconds East, a distance of 53.399 meters (175.19 feet); thence South 49 degrees
54 minutes 22 seconds East, a distance of 130.533 meters (428.26 feet); thence South 86
degrees 07 minutes 59 seconds East, a distance of 45.402 meters (148.96 feet); thence South
79 degrees 58 minutes 28 seconds East, a distance of 43.538 meters (142.84 feet); thence
South 67 degrees 40 minutes 43 seconds East, a distance of 76.884 meters (252.24 feet) to
the East line of said Southwest Quarter and there terminating.
And also that part of said Southwest Quarter described as follows:
A strip of land 36.576 meters (120.00 feet) in width over that part of said Southwest Quarter
of Section 2, the centerline of which is described as follows:
Commencing at the Northeast comer of the Northeast Quarter of the Southwest Quarter of
Section 2, Township 32, Range 26, Sherburne County, Minnesota; thence North 89 degrees
38 minutes 23 seconds West, an assumed bearing along the North line of said Northeast
Quarter of the Southwest Quarter, a distance of 387.067 meters (1,269.90 feet) to the actual
point of beginning of said centerline to be hereinafter described; thence Southeasterly, a
distance of 168.369 meters (552.39 feet), along a non-tangential curve concave to the
Northeast having a radius of 250.000 meters (820.21 feet), a central angle of 38 degrees 35
minutes 14 seconds and a chord bearing of South 46 degrees 37 minutes 48 seconds East;
thence South 65 degrees 55 minutes 26 seconds East, tangent to said last described curve, a
distance of 145.549 meters (477.52 feet); thence Southeasterly and Southerly, a distance of
127.720 meters (419.03 feet), along a tangential curve concave to the Southwest having a
radius of 140.000 meters (459.32 feet) and a central angle of 52 degrees 16 minutes 12
seconds; thence South 13 degrees 39 minutes 13 seconds East, tangent to said last described
curve, a distance of 47.376 meters (155.43 feet); thence Southerly, a distance of 221.648
meters (727.19 feet), along a tangential curve concave to the West, having a radius of
850.000 meters (2,788.71 feet) and a central angle of 14 degrees, 56 minutes 26 seconds;
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thence South 01 degrees 17 minutes 13 seconds West, tangent to said last described curve, a
distance of 167.012 meters (547.94 feet); thence Southerly and Southeasterly a distance of
176.160 meters (577.95 feet), along a tangential curve concave to the Northeast, having a
radius of 140.000 meters (459.32 feet) and a central angle of 72 degrees 05 minutes 40
seconds and there terminating.
Said strip of land is to extend by its full width from the North line of said Southwest Quarter
to the East line of said Southwest Quarter.
And also that part of the West 474.61 feet of the Southwest Quarter of the Southeast
Quarter of said Section 2, which lies Westerly and Northerly of the following described
centerline:
Commencing at the Southwest comer of said Southwest Quarter of the Southeast Quarter;
thence South 89 degrees 37 minutes 23 seconds West, assumed bearing, along the South line
of the Southwest Quarter of said Section 2, for 293.37 feet; thence North 00 degrees 22
minutes 37 seconds West for 33.00 feet, to a point to be hereafter known as Point "A", for
the purposes of this description; thence South 89 degrees 37 minutes 23 seconds West
parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to
intersect the Northeasterly line of the right-of-way of the Burlington Northern Railroad
Company and the actual point of beginning of the centerline to be hereby described; thence
return North 89 degrees 37 minutes 23 seconds East to said Point "A"; thence Northeasterly
and Northerly along a tangential curve to the left, radius of 299.87 feet, for a central angle of
88 degrees 42 minutes 19 seconds and a length of 464.26 feet; thence North 00 degrees 55
minutes 04 seconds East, tangent to said curve for 554.93 feet; thence Northeasterly and
Easterly along a tangential curve to the right, radius 317.09 feet, for a central angle of 86
degrees 49 minutes 40 seconds and a length of 480.52 feet; thence North 87 degrees 44
minutes 44 seconds East tangent to said curve for 2301.27 feet, more or less, to intersect
with and terminate at the East line of said Southeast Quarter of Section 2 at a point thereon
a distant of 17.31 feet South of the Northeast corner of the South half of said Southeast
Quarter.
PARCEL A
That part of the Southwest Quarter of Section 2, Township 32, Range 26, Sherburne
County, Minnesota, which lies Northeasterly of the Burlington Northern Railroad.
And which also lies Westerly, Southwesterly and Southerly of the following described line:
Commencing at said Northeast comer of the Southwest Quarter; thence North 89 degrees
38 minutes 23 seconds West, along said North line of the Southwest Quarter, a distance of
471.149 meters (1,545.76 feet); thence South 05 degrees 14 minutes 36 seconds East, a
distance of 97.886 meters (321.15 feet) to the point of beginning of said line to be
hereinafter described; thence South 19 degrees 59 minutes 39 seconds East, a distance of
86.721 meters (284.52 feet); thence South 28 degrees 56 minutes 21 seconds East, a distance
of 70.623 meters (231.70 feet); thence South 20 degrees 10 minutes 07 seconds East, a
distance of 52.016 meters (170.66 feet); thence South 13 degrees 24 minutes 23 seconds
East, a distance of 78.975 meters (259.10 feet); thence South 27 degrees 57 minutes 47
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seconds East, a distance of 116.213 meters (391.28 feet); thence South 39 degrees 58
minutes 33 seconds East, a distance of 53.399 meters (175.19 feet); thence South 49 degrees
54 minutes 22 seconds East, a distance of 130.533 meters (428.26 feet); thence South 86
degrees 07 minutes 59 seconds East, a distance of 45.402 meters (148.96 feet); thence South
79 degrees 58 minutes 28 seconds East, a distance of 43.538 meters (142.84 feet); thence
South 67 degrees 40 minutes 43 seconds East, a distance of 76.884 meters (252.24 feet) to
the East line of said Southwest Quarter and there terminating.
And which also lies Westerly and Southwesterly of a line drawn parallel with any distant
18.288 meters (60.00 feet) Westerly and Southwesterly of the following description line:
Commencing at the Northeast comer of the Northeast Quarter of the Southwest Quarter of
Section 2, Township 32, Range 26, Sherburne County, Minnesota; thence North 89 degrees
38 minutes 23 seconds West, an assumed bearing along the North line of said Northeast
Quarter of the Southwest Quarter, a distance of 387.067 meters (1,269.90 feet) to the actual
point of beginning of said centerline to be hereinafter described; thence Southeasterly, a
distance of 168.369 meters (552.39 feet), along a non-tangential curve concave to the
Northeast having a radius of 250.000 meters (820.21 feet), a central angle of 38 degrees 35
minutes 14 seconds and a chord bearing of South 46 degrees 37 minutes 48 seconds East;
thence South 65 degrees 55 minutes 26 seconds East, tangent to said last described curve, a
distance of 145.549 meters (477.52 feet); thence Southeasterly and Southerly, a distance of
127.720 meters (419.03 feet), along a tangential curve concave to the Southwest having a
radius of 140.000 meters (459.32 feet) and a central angle of 52 degrees 16 minutes 12
seconds; thence South 13 degrees 39 minutes 13 seconds East, tangent to said last described
curve, a distance of 47.376 meters (155.43 feet); thence Southerly, a distance of 221.648
meters (727.19 feet), along a tangential curve concave to the West, having a radius of
850.000 meters (2,788.71 feet) and a central angle of 14 degrees, 56 minutes 26 seconds;
thence South 01 degrees 17 minutes 13 seconds West, tangent to said last described curve, a
distance of 167.012 meters (547.94 feet); thence Southerly and Southeasterly a distance of
176.160 meters (577.95 feet), along a tangential curve concave to the Northeast, having a
radius of 140.000 meters (459.32 feet) and a central angle of 72 degrees 05 minutes 40
seconds and there terminating.
PARCEL B
A strip ofland 36.576 meters (120.00 feet) in width over that part of said Southwest Quarter
of Section 2, the centerline of which is described as follows:
Commencing at the Northeast comer of the Northeast Quarter of the Southwest Quarter of
Section 2, Township 32, Range 26, Sherburne County, Minnesota; thence North 89 degrees
38 minutes 23 seconds West, an assumed bearing along the North line of said Northeast
Quarter of the Southwest Quarter, a distance of 387.067 meters (1,269.90 feet) to the actual
point of beginning of said centerline to be hereinafter described; thence Southeasterly, a
distance of 168.369 meters (552.39 feet), along a non-tangential curve concave to the
Northeast having a radius of 250.000 meters (820.21 feet), a central angle of 38 degrees 35
minutes 14 seconds and a chord bearing of South 46 degrees 37 minutes 48 seconds East;
thence South 65 degrees 55 minutes 26 seconds East, tangent to said last described curve, a
distance of 145.549 meters (477.52 feet); thence Southeasterly and Southerly, a distance of
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127.720 meters (419.03 feet), along a tangential curve concave to the Southwest having a
radius of 140.000 meters (459.32 feet) and a central angle of 52 degrees 16 minutes 12
seconds; thence South 13 degrees 39 minutes 13 seconds East, tangent to said last described
curve, a distance of 47.376 meters (155.43 feet); thence Southerly, a distance of 221.648
meters (727.19 feet), along a tangential curve concave to the West, having a radius of
850.000 meters (2,788.71 feet) and a central angle of 14 degrees, 56 minutes 26 seconds;
thence South 01 degrees 17 minutes 13 seconds West, tangent to said last described curve, a
distance of 167.012 meters (547.94 feet); thence Southerly and Southeasterly a distance of
176.160 meters (577.95 feet), along a tangential curve concave to the Northeast, having a
radius of 140.000 meters (459.32 feet) and a central angle of 72 degrees 05 minutes 40
seconds and there terminating.
Said strip of land is to extend by its full width from the North line of said Southwest Quarter
to the East line of said Southwest Quarter.
And also that part of the West 474.61 feet of the Southwest Quarter of the Southeast
Quarter of said Section 2, which lies Westerly and Northerly of the following described
centerline:
Commencing at the Southwest comer of said Southwest Quarter of the Southeast Quarter;
thence South 89 degrees 37 minutes 23 seconds West, assumed bearing, along the South line
of the Southwest Quarter of said Section 2, for 293.37 feet; thence North 00 degrees 22
minutes 37 seconds West for 33.00 feet, to a point to be hereafter known as Point "A", for
the purposes of this description; thence South 89 degrees 37 minutes 23 seconds West
parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to
intersect the Northeasterly line of the right-of-way of the Burlington Northern Railroad
Company and the actual point of beginning of the centerline to be hereby described; thence
return North 89 degrees 37 minutes 23 seconds East to said Point "A"; thence Northeasterly
and Northerly along a tangential curve to the left, radius of 299.87 feet, for a central angle of
88 degrees 42 minutes 19 seconds and a length of 464.26 feet; thence North 00 degrees 55
minutes 04 seconds East, tangent to said curve for 554.93 feet; thence Northeasterly and
Easterly along a tangential curve to the right, radius 317.09 feet, for a central angle of 86
degrees 49 minutes 40 seconds and a length of 480.52 feet; thence North 87 degrees 44
minutes 44 seconds East tangent to said curve for 2301.27 feet, more or less, to intersect
with and terminate at the East line of said Southeast Quarter of Section 2 at a point thereon
a distant of 17.31 feet South of the Northeast comer of the South half of said Southeast
Quarter.
PARCEL C
That part of the Southwest Quarter of Section 2, Township 32, Range 26, Sherburne
County, Minnesota described as follows: Commencing at a point on the East line of said
Southwest Quarter 1580.45 feet North from the Southeast comer thereof; thence West at
right angle to said line 295.12 feet to the point of beginning of the land to be described;
thence continue West along last described line 295.12 feet; thence North at a right angle
295.12 feet; thence East at right angle 295.12 feet to a point that is 295.12 feet West of said
East line; thence South parallel with said East line 295.12 feet to the point of beginning.
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EXHIBIT B
Conditions:
1. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO
RELEASING THE PLAT FOR RECORDING.
2. CASH SHALL BE PAID FOR PARK DEDICATION FOR THE DEVELOPABLE
ACRES.
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